Upland, CA asked in Consumer Law, Criminal Law and Civil Rights for California

Q: As a victim, am I entitled to an Incident Report?

On 01/21/2021, my house in Upland was burglarized. My checkbooks for a bank and credit union and a Visa Debit Card were taken.

On 02/02/2021, a person was charged in Orange County with first degree burglary in Orange on 01/18/2021, possession of a controlled substance with intent to sell, prohibited person own ammunition, forgery of public or corporate seals, possession of a controlled substance, and fraudulently acquires or retains personal identifying information of another; the last charge applies to my checkbooks being found in his possession.

On 02/18/2021, the person was arraigned, entered a plea of not guilty, and a pre-trial msc and bail hearing is set for 03/12/2021.

I requested the Orange Police Department Incident Report, and have been informed by the Police Records Supervisor, "At this time, with an on-going investigation, I am not able to release the report."

2 Lawyer Answers
Josh S. Brownstein
Josh S. Brownstein
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: The police department will not release a police report pertaining to an ongoing investigation and/or prosecution. To the extent you want information now, I suggest contacting the District Attorney's office directly. Depending on the particular DA's office, there may be a victim's rights liaison and/or department that may be able to assist you. Either way, as an apparent victim of this crime, the DA investigator or investigating officer should contact you.

Yelena Gurevich agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: you should contact the DA's office and talk to the victim rights unit to try to obtain same.....

if you get a report it will be redacted with some of the info you probably want to see blacked out.

good luck.

Yelena Gurevich agrees with this answer

1 user found this answer helpful

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